Having a baby is one of the most beautiful moments in life. However, if you or your baby have suffered a birth-related injury, that memory can forever be tarnished. Murphy, Falcon & Murphy is a personal injury law firm in Baltimore that offers representation for birth-related injuries. Below, we'll go over the steps to file a medical malpractice claim for a birth-related injury. Call for a free consultation today!
Establish the Appropriate Standard of Medical Care
Medical malpractice cases hinge on the fact that something went wrong during the care of the mother or baby. Thus, your birth injury lawyer will need to establish the appropriate standard of medical care for the mother and baby. The information available at the time to the medical professional is also considered. This usually requires the testimony of a qualified medical expert.
The Medical Practitioner Deviated From the Standard of Medical Care
Next, your birth injury lawyer will need to establish how the doctor, nurse, or other medical practitioner did not uphold the appropriate standard of medical care. This involves taking a look at the actions by the healthcare provider and what normally would have been done by other qualified healthcare providers.
The Deviation by the Medical Practitioner Resulted in Harm
Step three involves determining if the deviation from the standard of medical care resulted in harm to the mother or baby. However, the doctor's mistake must be a cause of the injury; if the injury would have occurred anyway, such as a stillborn birth, the doctor may not be found negligent.
Determining the Damages Caused by the Medical Malpractice
Once proof has been established that the medical practitioner did cause injury to the mother or child, the amount of damages is determined. In a trial, the jury will decide. If the case has not gone to trial, your Baltimore birth injury lawyer will proceed with negotiations.
PARTNER WITH MURPHY, FALCON & MURPHY TODAY
There's almost nothing as tragic as harm done to a baby during birth. Our Baltimore birth injury lawyers are here to take a stand for you. Call Murphy, Falcon & Murphy for a free consultation today!